Quick questions
- What categories of workers do your Berkeley employment attorneys represent?
- What types of employee claims do your Berkeley employment lawyers handle?
- What is employment discrimination?
- What is employment harassment?
- What is employment retaliation?
- What federal and California laws protect employees?
- What agencies and courts hear my Berkeley employment claim?
- What is the value of my Berkeley employment case?
- Do you have a Berkeley employment discrimination lawyer near me?
What categories of workers do your Berkeley employment attorneys represent?
At McNicholas & McNicholas, LLP, our lawyers consider it an honor to help ensure our protectors work for employers who respect them. We represent public and private first responders who combat crime, keep Berkeley’s communities safe, extinguish fires, and provide first aid. When employers dishonor their service by making employment decisions based on a worker’s personal characteristics instead of their job performance, we’re here to help.
Our Berkeley employment discrimination lawyers represent every type of first responder in discrimination, harassment, retaliation, and other employment claims, including the following:
- Law enforcement officials. These employees include police officers, sheriff’s deputies, and other workers who protect us from crimes, help when accidents happen, and provide many other types of emergency assistance.
- Firefighters. These workers include firefighters who fight through smoke and flames to protect residential, commercial, and public property – and who may provide emergency medical assistance.
- First responders. First responders include emergency medical technicians, correction officers, park rangers, and other Berkeley workers who provide assistance during a crisis.
What types of employee claims do your Berkeley employment lawyers handle?
Our Berkeley employment lawyers handle a broad range of employee rights claims for every type of first responder. In addition to discrimination, harassment, and retaliation claims, which we discuss below, we handle:
- Wage and hour claims. We represent employees and independent contractors when employers fail to pay them for their hourly work, shift work, overtime, and any other type of work arrangement. Our team is here to assert the relevant federal, state, and Alameda County wage laws, including minimum wage laws and the earnings you deserve according to the Federal Labor Standards Act and the Equal Pay Act. We also assert your pay rights based on any employment contracts or collective bargaining agreements.
- Executive compensation claims. At McNicholas & McNicholas LLP, our lawyers help managers, supervisors, and workers with special skills who have written employment contracts. Our Berkeley employment lawyers demand that employers honor these contracts and pay your salary, health benefits, retirement benefits, stock options, bonuses, severance compensation, and other contractual benefits.
- Qui tam/whistleblower claims (and retaliation claims).Our lawyers file federal and California whistleblower and whistleblower retaliation claims when employees disclose fraudulent and/or illegal employer conduct that involves the federal, California, or local government.
- FMLA (the federal Family and Medical Leave Act) and CFRA (California Family Rights Act) violations. We hold employers accountable when they fail to provide leave for qualified employees so the employers can spend time with their family in the event of a birth, adoption, sickness, death, or any family health condition.
- Retaliation for filing a workers’ compensation claim. At McNicholas & McNicholas, LLP, our attorneys hold employers accountable when they punish employees for filing a work injury claim or supporting another worker’s work injury claim.
- Wrongful termination. Our Berkeley employment lawyers hold employers accountable when they fire you in violation of the federal or California discrimination laws or employment laws – or in violation of your employment or collective bargaining agreement.
What is employment discrimination?
You work hard to obtain the skills and experience to work as a police officer, firefighter, EMT, or any other type of first responder. At McNicholas & McNicholas, LLP, our lawyers hold employers accountable when they overlook your ability to do your job by focusing on your race, sex, sexual orientation, country of origin, or other identity characteristics.
The two main criteria for filing a discrimination claim in Berkeley/Alameda County are adverse employment conditions and protected classes.
Adverse employment conditions
Your employer must negatively affect your employment in some way. Common examples include the following employer actions:
- Failing to hire you even though you meet and/or exceed the core job requirements.
- Firing you even though you have quality job performance reviews and/or seniority.
- Failing to provide opportunities for advancement, such as the opportunity to take classes and work on more difficult assignments.
- Not paying you what you deserve or reducing your pay.
- Promoting less qualified candidates ahead of you.
- Failing to provide reasonable workplace accommodations if you have a disability or a pregnancy.
- Denying authorized leave, work benefits, and retirement benefits.
- Transferring you to a less desirable location or giving you a less than desirable assignment.
- Other adverse employment conditions
Protected class
Federal and state discrimination laws (and court cases) generally require that you be a member of a “protected class” in order to be able to file a discrimination case. Protected classes, depending on the applicable laws, include:
- Race, country of origin, and skin color;
- Gender, sexual orientation, and sexual preference;
- Disability;
- Age (40 or older);
- Pregnancy;
- Religion;
- Veteran or military status;
- Genetic information;
- Weight.
What is employment harassment?
Title VII of the US Civil Rights Act provides that the following qualify as “harassment”:
Quid pro quo harassment
This includes offensive conduct that becomes a condition of continued employment. An example is conditioning a promotion or your job on sexual favors.
Hostile workplace harassment
This conduct includes listening to conversations, observing images, or hearing jokes that are sexually offensive, racially offensive, or offensive because of your protected class – that a “reasonable person would consider intimidating, hostile, or abusive.”
Workers can file an employment harassment lawsuit in Berkeley even if other people are the target of the offensive conduct as long as they are present when the offensive conduct occurs.
What is employment retaliation?
Many employers try to punish or intimidate employees who assert their rights or support the rights of other workers. At McNicholas & McNicholas LLP, we hold Alameda County and Berkeley employers accountable when they try these unconscionable tactics. Our lawyers file retaliation claims on behalf of police officers, firefighters, and other first responders when employers retaliate against workers who:
- File a discrimination, harassment, or retaliation complaint.
- Support other workers who assert their own employment claim – such as by testifying in court.
- File a whistleblower claim, workers’ compensation claim, or medical leave claim.
- Assert any other legal right.
What federal and California laws protect employees?
At McNicholas & McNicholas LLP, our lawyers use every federal, California, and local law that protects employees. We keep current with changes in the law. Some of the laws we use for you include:
- Title VII of the Civil Rights Act of 1964;
- Age Discrimination in Employment Act (ADEA);
- Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973;
- Equal Pay Act of 1963; and
- The California Fair Employment and Housing Act(CFEHA)
- The FMLA and CFRA (federal and California medical leave laws)
- Other federal laws, including:
- The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
- The Pregnant Workers Fairness Act.
We’re prepared to explain the eligibility requirements, such as protected class status requirements and how many employees your employer must have (generally, 15 for federal claims and 5 for state claims).
What agencies and courts hear my Berkeley employment claim?
Most discrimination cases begin with the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CCRD). When these agencies cannot resolve your claim, our Berkeley employment discrimination lawyers file complaints in the Alameda County courts and the U.S. District Court for the Northern District of California. We file some employment claims directly with a federal or state court – depending on the type of claim and the applicable laws.
What is the value of my Berkeley employment case?
At McNicholas & McNicholas LLP, our lawyers demand compensation that will place you in as near a position as possible as you were before your rights were violated, that will compensate you according to the terms of your employment agreements, and will also compensate you for any statutory or contractual damages the law permits.
Our Berkeley employment discrimination lawyers demand that employers pay for all your damages to date (back damages) and your future damages (front damages), including:
- This includes your wages, salary, and any other income.
- These include health, seniority, vacation, retirement, and other benefits.
- Emotional distress and damage to your reputation.
- Educational expenses
- Attorney fees and court costs.
- Statutory damages.
- Reasonable workplace accommodations if you have a disability.
- Punitive damages for malicious conduct.
We also seek court orders that require that employers hire you, reinstate you, or promote you.
Do you have a Berkeley employment discrimination lawyer near me?
McNicholas & McNicholas meets police officers, firefighters, and other first responders at our office located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024. Our family of lawyers also conducts consultations by phone and through online video.
Our lawyers understand how upset and angry you are. We’re here to explain your rights and explain how each step of your claim process works.
Speak with our respected Berkeley workplace discrimination lawyers now
At McNicholas & McNicholas, LLP, we’ve earned the respect of former clients, insurance companies, and the legal community for our dedication to our clients and our impressive record of results. Our employment lawyers are ready to help restore your finances and your career when employers discriminate, harass, or retaliate. Call us or fill out our contact form today to schedule a free consultation.
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Call us for your free consultation — we’re ready to help.
I can’t express enough gratitude for the exceptional service we received from Attorney Brandon Castor during one of the most challenging times in our lives. Our family was affected by the devastating Paradise fires, and it felt like the weight of the world was on our shoulders as we tried to navigate the aftermath.
I can’t express enough gratitude for the exceptional service we received from Attorney BrandonI recently had a wage question and I was contacted by Jeff Ponting who grossly exceeded my expectations regarding the information he provided me. Not only did he share his expertise, but took the time to confer...
Juan Victoria and the McNicholas team deserve more than 5 Stars. Words can't describe how grateful I am to have received help from McNicholas law firm. Juan is very SHARP, calm strategic thinker with a very approachable, down to earth manner. He is so dedicated, very hard working. I could not imagine...
Juan Victoria and the McNicholas team deserve more than 5 Stars. Words can't describe how grateful I am to have received help from McNicholas law firm. Juan is very SHARP, calm strategic thinker with a very approachable, down to earth manner. He is so dedicated, very hard working. I could not imagine...
List of Agencies We are Suing or Have Sued
- LAPD
- LA Co Sheriff
- Berkely PD
- Riverside PD
- Huntington Beach PD
- Redondo Beach PD
- Ukiah PD
- Willits PD
- City of Richmond (Non LEO/Employment)
- Palo Alto PD
- Santa Barbara County Sheriff
- Chula Vista PD
- San Joaquin County Sheriff
- Fremont PD
- Walnut Creek PD
- Shasta County Sheriff
- Contra Costa Sheriff (Non LEO/Employment)
- El Segundo PD
- San Diego PD
- El Monte PD
- Pomona PD
- LAWA
- Culver City PD (Non LEO)
- Berkeley Fire/CoB (Non LEO)
- LAFD
